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  • Interpretation
  • No.215【Under Translation】
  • Date
  • 1987/04/29
  • Issue
    • Does the handling process for obstacle constructions, which originally existed within the sphere of land used for public roads prescribed in Article 11 of the Urban Roads Act, contradict Articles 15 and 143 of the Constitution?
  • Holding
    •        The Urban Roads Act is enacted for improving traffic conditions on urban roads and advancing the public interest.  According to Article 10 of the Act, the land needed for urban roads shall be taken if a private person owns that land.  Article 11 of the same Act specifically prescribes the handling process for obstacle constructions that are within the sphere of land for this kind of specific use. There is no description regarding how taking ought to be done in that article.  In respect of the remedial process for compensation and dispute, as the article just mentioned does not exclude the application of certain related legislations, it is sufficient to protect people’s rights as well.  Thus, the Article does not contradict Articles 15 and 143 of the Constitution.
  • Reasoning
    •        The Urban Roads Act is enacted for constructing, improving, maintaining, using, managing and raising of expenditure of urban roads.  It is a necessity for the advancement of the public interest.  According to Article 10 of the Act, the land needed for urban roads shall be taken if a private person owns that land.  Article 11, Paragraph 1, of the same Act prescribes that: “When drafting a construction plan for each road, the matters regarding razing and removing of, and compensating for, obstacle constructions that are within the sphere of land used for urban roads shall be drawn up into the plan as well.”  Paragraphs 2 and 3 of the same Article also state that: “After confirming and publishing the construction plan, [the competent authority] shall inform the owner to raze or remove [the obstacles] within a definite time, and, if necessary, may execute it as the deputy of the owner.” “The definite time mentioned in the former Paragraph may not be less than 3 months.”  According to these provisions, in respect of the obstacle constructions hampering the construction of roads, first of all, they provide that the matters regarding razing, removing and the matter of compensation so incurred shall be included in the plan as well; then, after confirming and publishing the construction plan which includes the compensating matter, inform the owner to raze or remove the obstacle within a definite time, and if necessary, may execute the procedure as the deputy of the owner.  This handling process is specifically enacted for promptly completing road construction plans. They can be deemed as specific rules for Article 215 of the Land Act.  However, to be reasonable and appropriate, the compensation they clearly provide shall be administered by related regulations, and in respect of the razing and removing notice and the compensating action, the Act allows the person involved to make administrative appeals and suits by law for a remedy.  It is sufficient to protect the people’s rights as well.  The Article does not contradict Articles 15 and 143 of the Constitution. 
      
    • *Translated by Ching P. Shih
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